2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 9 - Workers' Compensation
Article 1 - General Provisions
§ 34-9-11. Exclusivity of Rights and Remedies Granted to Employee Under Chapter; Immunity Granted to Construction Design Professionals

1. The rights and the remedies granted to an employee by this chapter shall exclude and be in place of all other rights and remedies of such employee, his or her personal representative, parents, dependents, or next of kin, and all other civil liabilities whatsoever at common law or otherwise, on account of such injury, loss of service, or death; provided, however, that the employer may be liable to the employee for rights and remedies beyond those provided in this chapter by expressly agreeing in writing to specific additional rights and remedies; provided, further, however, that the use of contractual provisions generally relating to workplace safety, generally relating to compliance with laws or regulations, or generally relating to liability insurance requirements shall not be construed to create rights and remedies beyond those provided in this chapter. No employee shall be deprived of any right to bring an action against any third-party tort-feasor, other than an employee of the same employer or any person who, pursuant to a contract or agreement with an employer, provides workers' compensation benefits to an injured employee, notwithstanding the fact that no common-law master-servant relationship or contract of employment exists between the injured employee and the person providing the benefits, and other than a construction design professional who is retained to perform professional services on or in conjunction with a construction project on which the employee was working when injured, or any employee of a construction design professional who is assisting in the performance of professional services on the construction site on which the employee was working when injured, unless the construction design professional specifically assumes by written contract the safety practices for the project. The immunity provided by this subsection to a construction design professional shall not apply to the negligent preparation of design plans and specifications, nor shall it apply to the tortious activities of the construction design professional or the employees of the construction design professional while on the construction site where the employee was injured and where those activities are the proximate cause of the injury to the employee or to any professional surveys specifically set forth in the contract or any intentional misconduct committed by the construction design professional or his or her employees.
2. As used in subsection (a) of this Code section, the term "construction design professional" means any person who is an architect, professional engineer, landscape architect, geologist, or land surveyor who has been issued a license pursuant to Chapter 4, 15, 19, or 23 of Title 43 or any corporation organized to render professional services in Georgia through the practice of one or more such technical professions as architecture, professional engineering, landscape architecture, geology, or land surveying.
3. The immunity provided by this subsection shall apply and extend to the businesses using the services of a temporary help contracting firm, as such term is defined in Code Section 34-8-46, or an employee leasing company, as such term is defined in Code Section 34-8-32, when the benefits required by this chapter are provided by either the temporary help contracting firm or the employee leasing company or the business using the services of either such firm or company. A temporary help contracting firm or an employee leasing company shall be deemed to be a statutory employer for the purposes of this chapter.

(Ga. L. 1920, p. 167, § 12; Code 1933, § 114-103; Ga. L. 1972, p. 929, § 1; Ga. L. 1974, p. 1143, § 1; Ga. L. 1980, p. 1145, § 2; Ga. L. 1982, p. 3, § 34; Ga. L. 1990, p. 1164, § 1; Ga. L. 1995, p. 352, § 1; Ga. L. 2015, p. 1079, § 1/HB 412.)

The 2015 amendment, effective July 1, 2015, in subsection (a), in the first sentence, and at the beginning of the second sentence, substituted "exclude and be in place of all other rights and remedies of such employee, his or her personal representative, parents, dependents, or next of kin, and all other civil liabilities whatsoever at common law or otherwise, on account of such injury, loss of service, or death; provided, however, that the employer may be liable to the employee for rights and remedies beyond those provided in this chapter by expressly agreeing in writing to specific additional rights and remedies; provided, further, however, that the use of contractual provisions generally relating to workplace safety, generally relating to compliance with laws or regulations, or generally relating to liability insurance requirements shall not be construed to create rights and remedies beyond those provided in this chapter. No employee shall" for "exclude all other rights and remedies of such employee, his personal representative, parents, dependents, or next of kin, at common law or otherwise, on account of such injury, loss of service, or death; provided, however, that no employee shall", and added "or her" at the end of the last sentence.

- For article surveying judicial and legislative developments in Georgia's tort laws, see 31 Mercer L. Rev. 229 (1979). For article surveying Georgia cases in the area of insurance from June 1979 through May 1980, see 32 Mercer L. Rev. 79 (1980). For article surveying Georgia cases in the area of workers' compensation from June 1979 through May 1980, see 32 Mercer L. Rev. 261 (1980). For article surveying developments in Georgia workers' compensation law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 323 (1981). For article, "New Restrictions on the Statutory Employer Rule: Workers' Compensation Benefits and Immunity Curtailed," see 21 Ga. St. B. J. 94 (1985). For article, "Defending the Lawsuit: A First-Round Checklist," see 22 Ga. St. B. J. 24 (1985). For article, "On Reintegrating Workers' Compensation and Employers' Liability," see 21 Ga. L. Rev. 843 (1987). For article, "Worker's Compensation and the Statutory Employer," see 27 Ga. St. B. J. 24 (1990). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999). For article, "Workers' Compensation," see 53 Mercer L. Rev. 521 (2001). For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003). For survey article on workers' compensation law for the period from June 1, 2002 to May 31, 2003, see 55 Mercer L. Rev. 459 (2003). For annual survey of law of worker's compensation, see 56 Mercer L. Rev. 479 (2004). For annual survey of workers' compensation law, see 58 Mercer L. Rev. 453 (2006). For survey article on local government law, see 59 Mercer L. Rev. 285 (2007). For survey article on workers' compensation law, see 60 Mercer L. Rev. 433 (2008). For annual survey of law on workers' compensation, see 62 Mercer L. Rev. 383 (2010). For annual survey on workers' compensation, see 65 Mercer L. Rev. 311 (2013). For annual survey of workers' compensation, see 67 Mercer L. Rev. 287 (2015). For annual survey of workers' compensation, see 68 Mercer L. Rev. 333 (2016). For annual survey on decisions impacting workers' compensation, see 69 Mercer L. Rev. 357 (2017). For note advocating recognition of third-party tort-feasor's right of contribution against negligent employer covered under workers' compensation, see 29 Mercer L. Rev. 635 (1978). For note "Pardue v. Ruiz: An Extension of Tort Immunity," see 45 Mercer L. Rev. 1449 (1994).

ANALYSIS

• General Consideration
• Employer's Liability
• Third Party Liability
• Employee's Liability
• Insurance Carriers
• Effect of Other Sources of Income
• Illustrative Cases
• Remedies
• Pleadings and Practice

OPINIONS OF THE ATTORNEY GENERAL

No-fault insurance benefits.

- For a discussion of the correlation of no-fault insurance benefits with workers' compensation benefits for employees injured while operating an employer's motor vehicle, see 1980 Op. Att'y Gen. No. 80-61.

RESEARCH REFERENCES

Am. Jur. 2d.

- 82 Am. Jur. 2d, Workers' Compensation, §§ 9, 54, et seq., 188, 383.

- 101 C.J.S., Workers' Compensation, § 1721 et seq.

- Workmen's compensation: rights and remedies where employee was injured by third person's negligence, 19 A.L.R. 766; 27 A.L.R. 493; 37 A.L.R. 838; 67 A.L.R. 249; 88 A.L.R. 665; 106 A.L.R. 1040.

Insurance under Workmen's Compensation Act as coextensive with the insured's liability under act, 45 A.L.R. 1329; 108 A.L.R. 812.

Application for an acceptance of benefits under Workmen's Compensation Act as affecting right of action against employer independently of that act, 50 A.L.R. 223.

Admissibility and effect of finding or order on claim under Workmen's Compensation Act for personal injury, in proceedings on claim for compensation for death, 88 A.L.R. 1179.

Voluntary payment or other relief by insurance carrier under Workmen's Compensation Act as estoppel to deny issuance of policy or that case is within coverage, 91 A.L.R. 1530.

Bringing action against employer as an election or estoppel precluding claim under Workmen's Compensation Act, 94 A.L.R. 1430.

Workmen's Compensation Act as exclusive of remedy by action against employer for injury or disease not compensable under act, 100 A.L.R. 519; 121 A.L.R. 1143.

Award under Workmen's Compensation Act as bar to or ground for reduction of claim under act of another state, 101 A.L.R. 1445; 150 A.L.R. 431; 169 A.L.R. 1185.

Employee's right of election after injury or disability as between benefits or Workmen's Compensation Act and action at law against employer, 117 A.L.R. 515.

Construction and application of provisions of Workmen's Compensation Act that compensation for specific injury or injuries under the act shall be exclusive of all other compensation, 129 A.L.R. 663.

Constitutionality, construction, and application of provision of Workmen's Compensation Act for deduction in computing compensation on account of recovery from a third person responsible for the injury, 142 A.L.R. 170.

Limitation of action by employee, his representative or beneficiaries, against third person for injury or death of employee as affected by the provisions of the Workmen's Compensation Act, 143 A.L.R. 284.

Liability of insurance carrier under Workmen's Compensation Act in respect of personal injury to or death of employee where because of relationship between employee and employer recovery would inure in whole or in part to employer, 147 A.L.R. 115.

Common-law remedy against general employer by employee of independent contractor or against independent contractor by employee of subcontractor, as affected by specific provisions of Workmen's Compensation Act relating to employees of such persons, 151 A.L.R. 1359; 166 A.L.R. 813.

Right of employee who has not received award under Workmen's Compensation Act to maintain action against physician for malpractice, 154 A.L.R. 315.

Workmen's compensation: remedy as between subcontractor and principal contractor (or independent contractor and contractee) in respect of compensated injury to employee of one due to negligence of other, where injured employee had no remedy apart from the act, 166 A.L.R. 1221.

Application for, or award, denial, or acceptance of, compensation under State Workmen's Compensation Act as precluding action under Federal Employers' Liability Act by one engaged in interstate commerce within that act, 6 A.L.R.2d 581.

Scope of provision in group health or accident insurance policy excluding from coverage sickness or accidents arising out of, or in the course of, employment, 47 A.L.R.2d 1240.

Matters concluded, in action at law to recover for the same injury, by decision or finding made in workmen's compensation proceeding, 84 A.L.R.2d 1036.

Application for, or receipt of, unemployment compensation benefits as affecting claim for workmen's compensation, 96 A.L.R.2d 941.

Collateral source rule: right of tort-feasor to mitigate opponent's damages for loss of earning capacity by showing that his compensation, notwithstanding disability, has been paid by his employer, 7 A.L.R.3d 516.

Right to maintain direct action against fellow employee for injury or death covered by workmen's compensation, 21 A.L.R.3d 845; 57 A.L.R.4th 888.

Right to maintain malpractice suit against injured employee's attending physician notwithstanding receipt of workmen's compensation award, 28 A.L.R.3d 1066.

Insured's receipt of or right to workmen's compensation benefits as affecting recovery under accident, hospital, or medical expense policy, 40 A.L.R.3d 1012.

Workmen's compensation provision as precluding employee's action against employer for fraud, false imprisonment, defamation, or the like, 46 A.L.R.3d 1279.

Workmen's compensation: attorney's fee or other expenses of litigation incurred by employee in action against third-party tort-feasor as charge against employer's distributive share, 74 A.L.R.3d 854.

Right of employee to maintain common-law action for negligence against workmen's compensation insurance carrier, 93 A.L.R.3d 598.

What conduct is willful, intentional, or deliberate within Workmen's Compensation Act provision authorizing tort action for such conduct, 96 A.L.R.3d 1064.

Modern status of effect of State Workmen's Compensation Act on right of third-person tort-feasor to contribution or indemnity from employer of injured or killed workman, 100 A.L.R.3d 350.

Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778.

Workmen's Compensation Act as furnishing exclusive remedy for employee injured by product manufactured, sold, or distributed by employer, 9 A.L.R.4th 873.

Modern status: "Dual capacity doctrine" as basis for employee's recovery from employer in tort, 23 A.L.R.4th 1151.

Worker's compensation immunity as extending to one owning controlling interest in employer corporation, 30 A.L.R.4th 948.

Third-party tortfeasor's right to have damages recovered by employee reduced by amount of employee's workers' compensation benefits, 43 A.L.R.4th 849.

Workers' compensation law as precluding employee's suit against employer for third person's criminal attack, 49 A.L.R.4th 926.

Workers' Compensation Act as precluding tort action for injury to or death of employee's unborn child, 55 A.L.R.4th 792.

Willful, wanton, or reckless conduct of coemployee as ground of liability despite bar of workers' compensation law, 57 A.L.R.4th 888.

"Dual capacity doctrine" as basis for employee's recovery for medical malpractice from company medical personnel, 73 A.L.R.4th 115.

Workers' compensation: third-party tort liability of corporate officer to injured workers, 76 A.L.R.4th 365.

Workers' compensation: coverage of injury occurring in parking lot provided by employer, while employee was going to or coming from work, 4 A.L.R.5th 443.

Workers' compensation: coverage of injury occurring between workplace and parking lot provided by employer, while employee is going to or coming from work, 4 A.L.R.5th 585.

Right to workers' compensation for injuries suffered after termination of employment, 10 A.L.R.5th 245.

Pre-emption by workers' compensation statute of employee's remedy under state "whistleblower" statute, 20 A.L.R.5th 677.

Right of employer or workers' compensation carrier to lien against, or reimbursement out of, uninsured or underinsured motorist proceeds payable to employee injured by third party, 33 A.L.R.5th 587.

Workers' compensation as precluding employee's suit against employer for sexual harassment in the workplace, 51 A.L.R.5th 163.

Contractual waiver of exclusivity of workers' compensation remedy, 117 A.L.R.5th 441.

Postaccident conduct by employer, employer's insurer, or employer's employees in relation to workers' compensation claim as waiving, or estopping employer from asserting, exclusivity otherwise afforded by workers' compensation statute, 120 A.L.R.5th 513.

Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress - Age discrimination, 11 A.L.R.6th 447.

Liability of employer, supervisor, or manager for intentionally or recklessly causing employee emotional distress - accusation or implication of employee's dishonesty, 21 A.L.R.6th 671.

Construction and application of exclusive remedy rule under state workers' compensation statutes with respect to liability for injury or death of employee as passenger in employer-provided vehicle - requisites for, and factors affecting, applicability and who may invoke rule, 42 A.L.R.6th 545.

Construction and application of exclusive remedy rule under state workers' compensation statute with respect to liability for injury or death of employee as passenger in employer-provided vehicle - against whom may rule be invoked and application of rule to particular situations and employees, 43 A.L.R.6th 375.

Exclusive remedy provision of state workers' compensation statute as applied to injuries sustained during or as the result of horseplay, joking, fooling, or the like, 44 A.L.R.6th 545.